The fylo

Terms of Service for Business

Created: September 18, 2025

This is a binding agreement between you and OÜ "Taktus Marketing" (Reg. 17030643) ("we", "us", or "our"). By clicking "accept", accessing our website at www.thefylo.com, installing our mobile application(s), or otherwise using our platform (the "Platform"), you confirm that:

Platform

Services

OÜ "Taktus Marketing" provides an online platform (the "Platform") for the production and management of advertising campaigns (the "Services"), enabling brands, advertisers, and marketing agencies (each, a "Client") to plan, launch, and manage commercial marketing campaigns ("Campaigns"). The Platform facilitates collaboration with social media creators, influencers, and content producers ("Creators") for the creation of campaign-related promotional content.

Access

Subject to the Client's compliance with these Terms of Service (including account registration and adherence to the Code of Conduct), OÜ "Taktus Marketing" grants the Client a limited, revocable, non-exclusive, non-transferable right to access and use the Platform for its internal commercial use.

Suspension of Access and Modifications

OÜ "Taktus Marketing" may, at its sole discretion and without prejudice to any other legal remedies:

OÜ "Taktus Marketing" will make reasonable efforts to notify the Client in advance of any suspension or major changes, unless such notice is impractical due to urgency or legal obligations.

Technical Support

OÜ "Taktus Marketing" provides technical support to Clients:

OÜ "Taktus Marketing" will make commercially reasonable efforts to respond to support requests within 24 hours of receipt during business hours.

Service Levels

OÜ "Taktus Marketing" will make commercially reasonable efforts to maintain 99% monthly uptime for the Platform, excluding scheduled maintenance or force majeure events.

Scheduled maintenance will be notified at least 48 hours in advance, where possible, and will be carried out during business hours unless otherwise required for security or performance reasons.

Additional Terms

Campaign Products

Clients may choose to send physical products to Creators as part of a Campaign. All such shipments are made entirely at the Client's own risk.

OÜ "Taktus Marketing" does not guarantee that:

While OÜ "Taktus Marketing" makes reasonable efforts to facilitate timely delivery and hold Creators accountable to their agreed obligations, it shall not be held liable for any product losses, damage, or non-delivery of content associated with such products.

If a Creator receives a product but fails to deliver the agreed content after the deadline, and OÜ "Taktus Marketing" 's team has made reasonable efforts to solicit delivery, the Client may seek reimbursement directly from the Creator, including issuing an invoice to the Creator's registered business or mailing address, where legally permitted.

Content Revisions

The Client is entitled to request up to three (3) rounds of revisions per content asset created by a Creator, provided such revisions are:

Requests for revisions that exceed the agreed scope may require additional compensation to the Creator and may be subject to approval by OÜ "Taktus Marketing" and the Creator involved.

Eligibility

To register for an account ("Account") on the Platform, the Client must be acting for business or commercial purposes. If the Client is an individual, they must be at least the age of majority in their country of residence and legally capable of entering into binding agreements.

If the Client is a company, organisation, or other legal entity, the person registering must have full legal authority to bind the Client to these Terms of Service.

It is the Client's sole responsibility to ensure that using the Platform is permitted under local law. If such use is prohibited, the Client may not access or use the Platform or Services.

Account Term

These Terms take effect on the date the Client registers or otherwise accesses the Platform (the "Effective Date") and remain in force until the Client's Account is closed by either party in accordance with these Terms.

Account Information

The Client agrees to provide accurate, complete, and up-to-date information at the time of registration and throughout the use of the Platform. The Client must promptly update any information that becomes inaccurate or incomplete.

Account Security & Confidentiality

The Client is solely responsible for maintaining the confidentiality of their account credentials (e.g., user ID and password) and all activity under their Account.

OÜ "Taktus Marketing" strongly recommends that Clients do not share login credentials with any third party. If the Client becomes aware of a suspected or actual security breach, they must notify OÜ "Taktus Marketing" immediately via support@thefylo.com

Accounts are non-transferable and may not be sold, leased, or assigned without written permission from OÜ "Taktus Marketing".

Account Suspension or Termination by OÜ "Taktus Marketing"

OÜ "Taktus Marketing" reserves the right to suspend, restrict, or terminate the Client's access to the Platform, remove or disable related content (including Campaigns, Work Product, or Campaign Content), and take technical or legal steps to enforce these Terms, with or without prior notice, if:

Account Closure by the Client

The Client may request closure of their Account by contacting support@thefylo.com, provided that all outstanding obligations — including Subscription Fees, Creator Fees, and any campaign-related costs — are fully satisfied.

Written confirmation of closure will be provided once all obligations have been resolved.

Subscription Term

Certain Services on the Platform require a paid subscription ("Subscription"). Subscriptions are offered on a Monthly (1 month); Quarterly (3 months) or Annual (12 months) basis unless otherwise specified in the Client's account dashboard or Campaign Brief.

If a free trial is offered, it will automatically convert to a paid Quarterly Subscription unless cancelled before the trial ends.

Subscription Renewal & Conversion

Subscriptions will automatically renew at the end of each billing period — Annual, Quarterly, or Monthly — unless cancelled in writing within the following notice periods:

Unless cancelled in time, the subscription will renew at the same duration and rate.

At the end of the Subscription Term, the Client may choose to:

Subscription Termination

Either party may terminate a Subscription with 48 hours' written notice to support@thefylo.com. Termination will take effect:

Upon termination:

Acceptable Use and Content Guidelines

1. Client Conduct

The Client must use the Platform and their Account responsibly and lawfully. In particular, the Client agrees not to:

The Client must also refrain from contacting Creators outside the Platform unless explicitly authorised to do so.

2. Member Content

"Member Content" refers to any content submitted, posted, or shared by the Client via the Platform. This includes:

Responsibility for Content

The Client understands and agrees that:

The Client agrees that their Member Content will not:

3. Campaign Content Standards

While Creators retain editorial control over their contributions, Clients agree to the following standards when reviewing and approving Campaign Content:

Campaign Content must:

4. Content Moderation and Platform Oversight

OÜ "Taktus Marketing" retains the right, but not the obligation, to monitor, edit, or remove any Member Content or Campaign Content that it deems, in its sole discretion, to:

However, OÜ "Taktus Marketing" does not guarantee the pre-screening or active moderation of content and assumes no liability for Member Content posted by Clients or Creators.

5. Client Review Obligations

Once a Creator submits Campaign Content for approval, the Client must review and respond within 21 calendar days. If the Client fails to respond within this timeframe, the Campaign will be considered completed, and payment to the Creator will be released.

Legal Compliance and Data Processing

1. Legal Compliance

The Client agrees to comply with all applicable laws, regulations, advertising standards, and industry codes relating to digital marketing, commercial communications, and sponsored content in every jurisdiction where Campaigns are published or targeted.

This includes but is not limited to:

2. Data Processing and Privacy

Where the Client submits or uploads any Personal Data (as defined under applicable data protection laws, including the General Data Protection Regulation – GDPR), OÜ "Taktus Marketing" will act as a data processor on behalf of the Client.

OÜ "Taktus Marketing" will:

The Client confirms that:

Grant of Rights and Ownership

1. Ownership of the Platform and Services

All content, code, data, software, graphics, images, audio, video, trademarks, trade names, service marks, logos, layout, design elements, and other intellectual property made available through the Platform (collectively, the "Content") is and remains the exclusive property of OÜ "Taktus Marketing", its affiliates, or its third-party licensors.

The Content is protected by applicable intellectual property laws, including copyright, trademark, trade secret, and database rights.

The Client may download or print portions of the Platform's Content solely for internal use related to the Services during the term of these Terms of Service.

Any other use — including but not limited to reproduction, redistribution, adaptation, publication, storage, transmission, or public display — is strictly prohibited without prior written consent from OÜ "Taktus Marketing".

Use of any Content does not grant the Client any proprietary rights, and all goodwill arising from authorised use shall inure to the benefit of OÜ "Taktus Marketing".

2. Licence to Use Client Materials in Campaigns

By submitting any trademarks, logos, visual assets, slogans, or other intellectual property (collectively, "Client Materials") in connection with a Campaign, the Client grants OÜ "Taktus Marketing", and where applicable, participating Creators:

This includes the right for Creators to incorporate Client Materials into promotional or branded content, according to the Campaign Brief.

3. Ownership of Campaign Content

Unless otherwise agreed in writing (e.g., within a Campaign Brief), all rights, title, and interest in and to Campaign Content — including but not limited to photos, videos, text, and designs — remain the exclusive property of the Creator(s) who produced them.

4. Rights Granted to the Client (Post Payment)

Subject to full and timely payment of all applicable fees, the Client receives from OÜ "Taktus Marketing" the following rights:

This includes usage on social media accounts, websites, and owned digital channels of the Client and/or its end client(s), provided no compensation has been received for the distribution (e.g. not used as paid media unless licensed accordingly).

The Client may not use any Work Product that has not been approved as Campaign Content or that falls outside the scope of the approved usage.

5. Extended Rights (Optional)

If the Client wishes to use the Campaign Content for other purposes, including:

they must purchase the appropriate licence from the Creator via OÜ "Taktus Marketing". These additional licences are referred to as "Broadcasting Rights", "Offline Rights", or "Extended Rights".

Assignment of full intellectual property ownership (transfer of all rights) may be negotiated and executed as a separate agreement.

6. Rights to Use the Client's Brand Name and Marks

The Client grants OÜ "Taktus Marketing" a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable licence to:

OÜ "Taktus Marketing", agrees that it does not acquire ownership of the Marks and that all goodwill arising from such use inures to the Client.

Copyright and Content Takedown Policy

OÜ "Taktus Marketing" respects intellectual property rights and expects all Clients and Creators to do the same. Unauthorised use of copyrighted material on the Platform is strictly prohibited.

If you believe that content available through the Platform infringes your copyright or other intellectual property rights, you may submit a written notification to OÜ "Taktus Marketing" requesting that the content be removed or access to it be disabled.

1. Takedown Requests (EU Notice & Action Framework)

Notices of alleged infringement must include the following:

Submit requests to:
OÜ Taktus Marketing
Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 5, 10145
Email: support@thefylo.com

OÜ "Taktus Marketing" will review the request promptly and may remove or restrict access to the material while investigating.

2. Counter-Notification by the Client

If you are a Client and believe that your content was removed in error, you may submit a counter-notification. This should include:

Upon receipt of a valid counter-notice, we may restore the content unless legal proceedings are initiated by the original rights holder.

3. Repeat Infringers

OÜ "Taktus Marketing", reserves the right to suspend or terminate accounts of users who repeatedly post infringing content, in accordance with applicable law.

Fees

In exchange for access to the Platform and the provision of Services by OÜ "Taktus Marketing", the Client agrees to pay:

All fees are subject to the payment terms outlined below and/or as specified in the relevant Campaign Brief.

1. Subscription Fees

Subscription Fees are based on the selected plan (Monthly, Quarterly, or Annual) and are billed accordingly:

Fees will be billed automatically to the payment method registered in the Client's account, unless otherwise stated in a written agreement or Campaign Brief.

OÜ "Taktus Marketing" may amend pricing from time to time. Any such changes will be communicated in advance and apply only to future billing periods.

2. Creator Fees

Creator Fees are charged upon the Client's approval of a Campaign Brief. The applicable budget and pricing will be set out in the Brief and agreed to by the Client before payment.

Unless otherwise stated, Creator Fees will be charged directly to the payment method stored in the Client's account upon approval of the Campaign Brief.

3. Initial Payment and Agreement to Terms

The first payment becomes due:

By activating a Subscription or approving a Campaign Brief, the Client agrees to be bound by:

These Terms are hereby incorporated by reference into all current and future Campaign Briefs between the Client and OÜ "Taktus Marketing".

Changes to Fees, Payments, and Billing Terms

1. Fee Changes

OÜ "Taktus Marketing" reserves the right to update or change Subscription Fees, Creator Fees, or other applicable charges at any time. Any new pricing will be communicated to the Client in advance via email, the Platform, or within the applicable Campaign Brief.

Changes will only apply to future billing periods and will not affect amounts already invoiced or paid.

2. Disputed Charges

If the Client believes they have been incorrectly charged or invoiced, they must notify OÜ "Taktus Marketing" by email within 30 days of the charge or invoice date. The Client must clearly describe the disputed amount and reason for the dispute.

During the resolution process, the Client must continue to pay all undisputed amounts by their due dates. Both parties agree to engage in good-faith discussions to resolve the matter promptly.

3. Late Payment

The Client may not withhold, delay, or offset any payments due under these Terms.

OÜ "Taktus Marketing" reserves the right to suspend the Client's access to the Platform and/or delivery of Services if any undisputed fees remain unpaid after the due date.

Late payments will incur:

4. Taxes

All fees are exclusive of VAT and other applicable taxes, unless expressly stated otherwise.

The Client is responsible for:

OÜ "Taktus Marketing" is not responsible for taxes based on the Client's income or for any penalties arising from the Client's failure to comply with local tax laws.

5. Suspension of Services for Non-Payment

Suspension of access to the Platform or Services due to non-payment does not release the Client from its obligation to pay outstanding amounts. Services will only resume after full payment of all overdue and undisputed charges.

6. Currency and Payment Processing

All fees are listed and billed in Euros (EUR).

Payments are processed securely via Stripe, a third-party payment provider. OÜ "Taktus Marketing" is not responsible for:

7. Fee Avoidance

The Client agrees not to take any action to bypass, avoid, or circumvent:

This includes avoiding payments by engaging directly with Creators outside the Platform in violation of these Terms.

Privacy

The Client acknowledges and agrees that any information relating to an identified or identifiable individual ("Personal Data"), or otherwise subject to applicable privacy and data protection laws, will be collected, stored, and processed by OÜ "Taktus Marketing" in accordance with its Privacy Policy, available at:

https://thefylo.com/privacy-policy

OÜ "Taktus Marketing" processes Personal Data in line with applicable laws, including the General Data Protection Regulation (EU) 2016/679 (GDPR), where applicable.

The Client is responsible for ensuring that any Personal Data it provides to OÜ "Taktus Marketing" is lawfully obtained and shared, and that any required data subject notices or consents have been provided in accordance with applicable data protection law.

Confidentiality

Both the Client and OÜ "Taktus Marketing" agree to maintain the confidentiality of all non-public information disclosed by one party to the other in connection with these Terms of Service, any Campaign Brief, or the Services ("Confidential Information").

Confidential Information includes but is not limited to:

Confidential Information does not include information that:

  1. was already publicly available at the time of disclosure;
  2. becomes public through no fault of the receiving party;
  3. was lawfully obtained by the receiving party from a third party not bound by confidentiality; or
  4. was independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information.

Use and Disclosure Restrictions

Each party agrees:

Permitted Disclosures

Confidential Information may be disclosed without prior consent only:

These confidentiality obligations will survive the termination or expiration of these Terms of Service.

Warranties

The Client represents and warrants that:

  1. they have full authority to enter into these Terms of Service and any associated Campaign Briefs, and to grant the rights specified herein;
  2. any materials or content submitted by the Client (including brand assets or data) do not infringe the intellectual property or privacy rights of third parties;
  3. they will comply at all times with applicable laws, regulations, and standards, including those relating to:

The Client acknowledges that OÜ "Taktus Marketing" relies on the truth and accuracy of these warranties when delivering the Services.

Disclaimer

To the fullest extent permitted by applicable law, the Platform and all Services are provided by OÜ "Taktus Marketing" "as is" and "as available", without any warranties, guarantees, or representations — whether express, implied, statutory, or otherwise — including, but not limited to:

OÜ "Taktus Marketing" does not warrant that:

The Client assumes full responsibility for the use of the Platform and Services, and for any decisions made or actions taken based on them. Campaign outcomes and Creator performance are not guaranteed. Creators are independent third parties and are not employees, agents, or representatives of OÜ "Taktus Marketing".

Nothing in these Terms shall be interpreted as legal or marketing advice. The Client is solely responsible for ensuring that all use of the Platform and execution of Campaigns complies with applicable local, national, or international laws, including consumer protection, advertising disclosure, and data protection regulations.

To the extent permitted by law, OÜ "Taktus Marketing" shall not be liable for any:

Certain jurisdictions may not allow the exclusion of certain warranties or limitations of liability. In such cases, some of the above disclaimers may not apply to you, but will apply to the maximum extent permitted by applicable law.

Miscellaneous

1. Definitions and Capitalised Terms

Unless otherwise defined in these Terms of Service, capitalised terms shall have the meanings given in the applicable Campaign Brief or relevant section of the Platform.

2. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Estonia, without regard to its conflict of law principles.

The parties agree to submit to the exclusive jurisdiction of the courts of Estonia, with proceedings to be conducted in Estonian or English, as applicable.

3. Notices

All formal notices under these Terms must be sent in writing:

Notices related to changes in these Terms, updates to Services, or general communications may also be made through:

4. Changes to the Terms of Service

OÜ "Taktus Marketing" may modify these Terms of Service and/or discontinue features of the Platform or Services at any time. If changes are made, an updated version of the Terms will be published on the Platform, along with a revision date.

The Client is responsible for reviewing the Terms periodically. Continued use of the Platform following such updates constitutes acceptance of the modified Terms.

If the Client does not agree to the amended Terms, they must stop using the Platform and cancel any active subscription prior to the changes taking effect.

5. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations due to circumstances beyond their reasonable control, including but not limited to:

Obligations shall be suspended for the duration of the force majeure event, and resumed once performance becomes possible again.

6. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or in connection with these Terms or the Services, the parties agree to first attempt to resolve the matter amicably through good-faith negotiations.

If the dispute cannot be resolved within 30 days, either party may

bring the matter before the competent court in accordance with the Governing Law and Jurisdiction clause above.

7. Subcontracting

OÜ "Taktus Marketing" may engage subcontractors or third-party service providers (including cloud infrastructure, analytics, or payment processors like Stripe) to perform parts of the Services. OÜ "Taktus Marketing" remains fully responsible for the performance of subcontracted obligations

8. Relationship of the Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, franchise, or employment relationship between the Client and OÜ "Taktus Marketing". Each party acts solely as an independent contractor.

9. Entire Agreement

These Terms of Service, along with any relevant Campaign Briefs and the Privacy Policy, constitute the entire agreement between the Client and OÜ "Taktus Marketing" and supersede all prior or contemporaneous agreements, proposals, and communications, whether written or oral.

No other terms — such as those appearing in purchase orders, emails, or other documents—shall apply unless expressly agreed in writing by both parties.

Contact & Company Information

If you have any questions, concerns, or legal inquiries regarding these Terms of Service, please contact:

OÜ "Taktus Marketing"
Legal Department / Terms of Service
Harju maakond, Tallinn,
Kesklinna linnaosa, Tornimäe tn 5, 10145
Estonia

Email: support@thefylo.com
Website: https://thefylo.com